Gallop v. United States

How later courts describe this case

• holding that arrest of suspect was supported by eyewitness identification of suspect by assailant at scene of crime
• applying Strickland and holding trial counsel’s concession of defendant’s guilt of murder, but not capital murder, during closing arguments in face of overwhelming proof was tactical decision
• other crime directly preceded and led to the crime charged, therefore evidence of the other crime was interrelated and inseparable from the charged crime; exceptions listed in M.R.E. 404(b) not exclusive
• other crimes evidence admissible when necessary to tell a rational and coherent story
• indictment alleged use of a gun; held to be sufficient without further proof of what type of gun had been used
• veniremember "wore a hat in the courtroom . . . and his general demeanor suggested to the prosecutor that he was unstable, unconcerned, and had no respect for the proceedings"
• “The fact that a witness cannot 9 give a positive identification of another person goes to the weight of his testimony, not to its admissibility; therefore, the lack of positive identification is a jury issue.”
• motion to substitute made 5 days before trial